The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-06-23
might be located upon any
lands which the state might own and hold

mlgnt De located upon any
lands which the state might own and hold
or have the right to sell. The words in
the act mean "unappropriated public do
MAN," This was the meaning of the act of
July IA, 1879, and is the meaning in act
March 10, 1881. And no right was given
in act of April 8, 1881, broader than this
to locate on "unappropriated public do
main." "The act appropriating the pub
lie domain in Greer county, and the act
through which the defendant claims, are
not inconsistent; hence,the latter act does
not repeal the former by implication, nor
can the clause in it, repeating all laws in
conflict with it, have such effect
Thirteenth-The state is not estopped;
first, by want of notice to defendant; nor
second, because of the official acts of its
governor and general land commissioner,
as the state is not estopped by the act of
an officer, the right to perform such act
not being conferred upon him by the
state. There was no error in the judg-
ment of the district court, and it will be
| affirmed.
In the case of j. H. Gould VS.. the city
of Paris, the judgment of the lower court
is affirmed.
The controversy was about the pur'
chase of steam fire engine. The suit
was brought by Gould, who claims to
have purchased the bonds issued for the
property from the party to whom they
were issued. The debt was to arise on
certain conditions, and the suit having de-
veloped the fact that the debt did not ex-
list, the city council could not pay the
money over to the plaintiff without viola,
| tinU nf ghaca conditions nd ~ followed
of course, that he could not have a judg.
ment for its recovery.
The theory of the decision is that cite:
of less than 10000 inhabitants have nc
authority in law to levy tax exceeding
for any one year certain per cent, to b,
collected only in current money. The judg
ment is reformed, denying recover.
of the amount in favor of tho appellant
and in other respects is affirmed.
Chief Justice Willie, rs the organ of tn
court, holds that the city had no power {,
levy the tax for the payment of tn
bonds or the Indebtedness for whicl
they were given; the contract itself wa
void and the court below did not err il
it's conclusions upon this question.
Passing over the question Of recover.
in proper case under an implied con
tract for the value of property, it appear
that the engine was obtained by the cit.
in 1877. The right of action was barrel
at the expiration of two years from tina
time. The suit was commenced in 1888
nearly six years afterwards. The cour
below could not have found 5otherwis
than for the defendant upon this issue il
the state of the pleadings.
QJudge Willie holds, too, that the lowe
court erred on an incidental issu
in reading judgment for the $500 pro
duced by the unlawful tax and remaining
undisposed of in the treasury.
DISTRICT COURT.
June VS.. Young ct al; judgment TO
plaintiff for $1,026.23, with foreclosure o
attachment lien.
, First National bank vs.. j. R. B. Fair
child motion for new trial granted.
{ The court heard number of motion
, to extend time in which to present bill
, and statements of facts.
> JUSTICE oALHoUN's COURT.
Lucy Collins, disturbing the peace; fine,
S. and costs.
Joe Hooker, disturbing the peace; fine'
So and costs.
JUSTICE TEGENERs COURT.
Milton Jackson, assault; fined So an
f costs.
? L. Hustled, assault; fined So and costs.